On July 21, 2023, BOE (The Spanish Official Gazette) published the Ministerial Order PCM/825/2023 which regulates the criteria and procedure for the certification of companies qualified as startups. Thanks to this, it is now possible to apply for such certification before the National Innovation Company (Enisa), which is part of the Ministry of Industry, Trade and Tourism, and thus benefit from the reduction of the Corporate Income Tax rate FROM 25% to 15%
Spain is the first European country to have a system to issue startup certifications. Therefore, investing in Spain is once again a great option, as it provides wide legal certainty to the startup sector and promotes an increase in investment by large capital funds.
What is the application procedure?
Any company that meets the requirements of the Order to qualify for the tax and social benefits established in the Startups Law must apply to Enisa to obtain the certification.
This agency must evaluate the innovative and scalable nature of the company in question. Enisa´s resolution must be provided in a maximum period of 3 months after the company has submitted all the necessary documentation for the application. The administrative silence to such request is understood as positive, that is, the application will be successful if no resolution is issued within such term.
The application process is free.
What are the criteria to obtain the emerging company certification and the tax benefit?
In order to apply for certification, a series of requirements must be met:
What are the advantages?
The main advantages of obtaining this certification are: